There exists the Office of Emergency Management Director of
the city, which shall be held by the Mayor in accordance with state
law.
(A)
An Emergency
Management Coordinator may be appointed by and serve at the pleasure
of the Director.
(B)
The
Director shall be responsible for a program of comprehensive emergency
management within the county and for carrying out the duties and responsibilities
set forth in this chapter. He or she may delegate authority for execution
of these duties to the Coordinator, but ultimate responsibility for
such execution shall remain with the Director.
(C)
The
operational Emergency Management Organization of the city shall consist
of the officers and employees of the city so designated by the Director
in the emergency management plan, as well as organized volunteer groups.
The functions and duties of this organization shall be distributed
among such officers and employees in accordance with the terms of
the emergency management plan.
(Ordinance 209 adopted 10/4/04)
The duties and responsibilities of the Emergency Management
Director shall include the following:
(A)
Conduct
an ongoing survey of actual or potential hazards which threaten life
and property within the city and an ongoing program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur;
(B)
Supervision
of the development and approval of an emergency management plan for
the city, and shall recommend for adoption by the City Council all
mutual aid arrangements deemed necessary for the implementation of
such plan;
(C)
Authority
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of seven days except by or with
the consent of the City Council. Any order or proclamation declaring,
continuing or terminating a local state of disaster shall be given
prompt and general publicity and shall be filed promptly with the
City Secretary;
(D)
Issuance
of necessary proclamations, regulations or directives which are necessary
for carrying out the purposes of this chapter. Such proclamations,
regulations or directives shall be disseminated promptly by means
calculated to bring its contents to the attention of the general public
and, unless circumstances attendant on the disaster prevent or impede,
promptly filed with the City Secretary;
(E)
Direction
and control of the operations of the city emergency management organization
as well as the training of emergency management personnel;
(F)
Determination
of all questions of authority and responsibility that may arise within
the Emergency Management organization of the city;
(G)
Maintenance
of liaison with other municipal, county, district, state, regional
or federal emergency management organizations;
(H)
Marshaling
of all necessary personnel, equipment or supplies from any department
of the city to aid in the carrying out of the provisions of the emergency
management plan;
(I)
Supervision
of the drafting and execution of mutual aid agreements, in cooperation
with the representatives of the state and of other local political
subdivisions of the state, and the drafting and execution, if deemed
desirable, of an agreement with the county in which said city is located
and with other municipalities within the county, for the county-wide
coordination of emergency management efforts;
(J)
Supervision
of, and final authorization for the procurement of all necessary supplies
and equipment, including acceptance of private contributions which
may be offered for the purpose of improving emergency management within
the city;
(K)
Authorizing
of agreements, after approval by the City Attorney, for use of private
property for public shelter and other purposes;
(L)
Survey
of the availability of existing personnel, equipment, supplies and
services which could be used during a disaster, as provided for herein;
and
(M)
Other
requirements as specified in Texas Disaster Act 1975 (Tex. Government
Code, Ch. 418).
(Ordinance 209 adopted 10/4/04)
A comprehensive Emergency Management Plan shall be developed
and maintained in a current state. The plan shall set forth the form
of the organization, establish and designate divisions and functions,
assign responsibilities, tasks, duties and powers, and designate officers
and employees to carry out the provisions of this chapter. As provided
by state law, the plan shall follow the standards and criteria established
by the State Division of Emergency Management. Insofar as possible,
the form of organization, titles and terminology shall conform to
the recommendations of the State Division of Emergency Management.
When approved, it shall be the duty of all departments and agencies
to perform the functions assigned by the plan and to maintain their
portion of the plan in a current state of readiness at all times.
The emergency management plan shall be considered supplementary to
this chapter and have the effect of law during the time of a disaster.
(Ordinance 209 adopted 10/4/04)
The Mayor is hereby authorized to join with the County Judge
of the County of Kaufman in the formation of an Emergency Management
Council for the County of Kaufman and shall have the authority to
cooperate in the preparation of a joint emergency management plan
and in the appointment of a joint Emergency Management Coordinator,
as well as all powers necessary to participate in a county-wide program
of emergency management insofar as said program may affect the city.
(Ordinance 209 adopted 10/4/04)
At all times when the orders, rules and regulations made and
promulgated pursuant to this chapter shall be in effect, they shall
be in effect, they shall supersede and override all existing ordinances,
orders, rules and regulations insofar as the latter may be inconsistent
therewith.
(Ordinance 209 adopted 10/4/04)
This chapter is an exercise by the city of its governmental
functions for the protection of the public peace, health and safety
and neither the city, the agents and representatives of said city,
nor any individual, receiver, firm, partnership, corporation, association
or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with, any order, rule
or regulation promulgated pursuant to the provisions of this chapter
shall be liable for any damage sustained to persons as the result
of said activity. Any person owning or controlling real estate or
other premises who voluntarily and without compensation grants to
the city a license of privilege, or otherwise permits the city to
inspect, designate and use the whole or any part or parts of such
real estate or premises for the purpose of sheltering persons during
an actual, impending or practice enemy attack or natural or human-made
disaster shall, together with his or her successors in interest, if
any, not be civilly liable for the death of, or injury to, any person
on or about such real estate or premises under such license, privilege
or other permission or for loss of, or damage to, the property of
such person.
Penalty, see section 33.99
(Ordinance 209 adopted 10/4/04)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this chapter without prior approval by the City Council, nor shall
any person have any right to bind the city by contract, agreement
or otherwise without prior and specific approval of the City Council
unless during a declared disaster. During a declared disaster, the
Mayor may expend and/or commit public funds of the county when deemed
prudent and necessary for the protection of health, life or property.
Penalty, see section 33.99
(Ordinance 209 adopted 10/4/04)
(A)
It shall
be unlawful for any person willfully to obstruct, hinder or delay
any member of the Emergency Management Organization in the enforcement
of any rule or regulation issued pursuant to this chapter, or to do
any act forbidden by any rule or regulation issued pursuant to the
authority contained in this chapter.
(B)
It shall
likewise be unlawful for any person to wear, carry or display any
emblem, insignia or any other means of identification as a member
of the emergency management organization of the city unless authority
to do so has been granted to such person by the proper officials.
(Ordinance 209 adopted 10/4/04)
This chapter shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule
or regulation.
(Ordinance 209 adopted 10/4/04)
Convictions for violations of the provisions of this chapter
shall be punishable by fine not to exceed $1,000 or confinement in
jail for a term not to exceed 180 days.
(Ordinance 209 adopted 10/4/04)
